USCIS COVID-19 News Updates Article

USCIS COVID-19 Updates: ASCs to Open in Jul 2020, Receipt Delays

In US Immigration - Visas by KumarUpdated : 155 Comments

On March 13th, 2020, President Trump Declared National Emergency for COVID-19 Outbreak. Also, US Embassy in India has Canceled Visa Appointments… USCIS continue to announce alerts like rescheduling their appointments, closing offices, etc.. This page will provide regular updates on USCIS alerts, changes with office with COVID-19. You can bookmark and come back to this page for updates

User Updates USCIS – Biometrics, H1B Receipt Notices

July 2020 : Below are some of the recent updates shared by users related to the biometrics appointments and H1B, H4 and other receipt notices arrival from USCIS.

  • Rescheduled Biometrics Notices : USCIS has started to send the re-scheduled Biometrics notices as they plan to re-open ASCs. User also get Application Information Worksheet (AIW) along with the rescheduled biometrics notices. Check Sample Rescheduled H4 Biometrics Notice
  • Delay with Receipt Notices – H1B, H4, others : Many of our users and attorneys have reported that there are significant delays in getting the receipt notices from USCIS for H1B, H4, and other visa petitions. It is taking more than month and still not receipt notices. So, do NOT worry, you are not alone, if you have not got the receipt notice. Also, check Emily Neuman Attorney Blog telling the delays

Sep 11 : RFE, NOID Response – 60 Days Flexibility until Jan 1, 2021

September 11, 2020: Previously USCIS announced the 60 days flexibility in submitting responses until Sep 11th. As the deadline approached, they have extended it until January 1st, 2021. It is exactly like before update and includes all the same provisions. You can read the below Jul 1st update. Check USCIS Alert

Jul 1 : RFE, NOID Response – 60 Days Flexibility until Sept 11th

Jul 1st, 2020: Previously USCIS announced flexibility in submitting responses to RFEs, NOID, NOIR and others that are issued by USCIS for about 60 days. Today they are extending it until Sept 11th.

  • Basically, USCIS says that, if you have got an RFE or NOID, that is dated between March 1st and Sept 11th, 2020, then you get additional 60 days flexibility to submit the documents.
  • USCIS will consider any responses that are received within 60 Calendar days from the deadline specified in the RFE/ NOID, before they take any action or decision on the case. Technically, they will wait for 60 more days from the deadline date in RFE.
  • This was only until July 1st, now they extended it. You can scroll down below for more details from previous updates.
  • Check USCIS News Alert

Jun 29 : Application Support Centers(ASCs) to open from July 13th.

June 29th, 2020: As many are waiting for USCIS to open ASC centers for Biometrics and other aspects, they have announced dates, when they will open each of their ASCs. Below is a the complete list of updates on when they will open. Some of these were updated as part of their webinar.

  • The procedures have changed and you no longer can do the walk-in to any ASC for biometrics or other aspects. You can only be 15 min before your appointment ( 30 min for Oath ceremonies)
  • If your Biometrics appointment was cancelled due to ASC closures COVID-19 tied to COVID-19, you will receive rescheduled appointment notices for Biometrics, interviews, etc.
  • Important change is that you should carry your own pen and fill out the Application Information Worksheet beforehand. You will get this AIW sheet in the mail along with your rescheduled appointment notice.
  • All standard previous COVID procedures like Mask, etc are required and to be followed.
  • ASC offices will open as per the below dates.
Application Support CenterWhen will it Open – Status
PhoenixWill reopen to the public on 07/20/2020.
El MonteWill reopen to the public on 07/20/2020.
Los AngelesWill reopen to the public on 07/20/2020.
OaklandWill reopen to the public on 07/13/2020.
RiversideWill reopen to the public on 07/20/2020.
San FernandoWill reopen to the public on 07/20/2020.
San FranciscoWill reopen to the public on 07/20/2020.
San JoseWill reopen to the public on 07/13/2020.
TustinWill reopen to the public on 07/20/2020.
SacramentoWill reopen to the public on 07/20/2020.
DenverWill reopen to the public on 07/20/2020.
Central Miami (formerly Hialeah ASC)Will reopen to the public on 07/20/2020.
Ft. LauderdaleWill reopen to the public on 07/20/2020.
JacksonvilleWill reopen to the public on 07/20/2020.
KendallWill reopen to the public on 07/20/2020.
MiamiWill reopen to the public on 07/13/2020.
OrlandoWill reopen to the public on 07/13/2020.
TampaWill reopen to the public on 07/20/2020.
West Palm BeachWill reopen to the public on 07/20/2020.
AtlantaWill reopen to the public on 07/13/2020.
NapervilleWill reopen to the public on 07/20/2020.
NorridgeWill reopen to the public on 07/20/2020.
IndianapolisWill reopen to the public on 07/20/2020.
New OrleansWill reopen to the public on 07/20/2020.
BaltimoreWill reopen to the public on 07/20/2020.
WheatonWill reopen to the public on 07/20/2020.
BostonWill reopen to the public on 07/13/2020.
DetroitWill reopen to the public on 07/20/2020.
DuluthPart-time ASC (one week per month) will reopen to the public on 08/11/2020.
St PaulWill reopen to the public on 07/20/2020.
Las VegasWill reopen to the public on 07/20/2020.
ElizabethWill reopen to the public on 07/13/2020.
HackensackWill reopen to the public on 07/20/2020.
BronxWill reopen to the public on 07/20/2020.
BrooklynWill reopen to the public on 07/13/2020.
HappaugeWill reopen to the public on 07/20/2020.
Queens/JamaicaWill reopen to the public on 07/20/2020.
Long IslandWill reopen to the public on 07/20/2020.
ManhattanWill reopen to the public on 07/20/2020.
Port ChesterWill reopen to the public on 07/20/2020.
CharlotteWill reopen to the public on 07/20/2020.
RaleighWill reopen to the public on 07/20/2020.
ColumbusWill reopen to the public on 07/20/2020.
PhiladelphiaWill reopen to the public on 07/13/2020.
NashvilleWill reopen to the public on 07/20/2020.
AustinWill reopen to the public on 07/20/2020.
Dallas NorthWill reopen to the public on 07/13/2020.
Fort WorthWill reopen to the public on 07/20/2020.
Houston NorthwestWill reopen to the public on 07/20/2020.
Houston SoutheastWill reopen to the public on 07/20/2020.
Houston SouthwestWill reopen to the public on 07/13/2020.
Salt Lake CityWill reopen to the public on 07/20/2020.
AlexandriaWill reopen to the public on 07/13/2020.
SeattleWill reopen to the public on 07/13/2020.

May 27 – USCIS Planning to Open Offices for Public from June 4

May 27th, 2020: As many are waiting for USCIS to open ASC centers, other offices, it is a sigh of relief for many as USCIS announced today that they plan to open some offices for non-emergency public services from June 4th. Below is the summary of the alert.

  • Reduced Appointments : USCIS says that they will reduce the number of appointments and interviews to make sure social distancing is followed and also for cleaning and reduce waiting room occupancy.
  • New Notices for Interviews, Appointments : USCIS will send new notices for previously scheduled biometrics appointments and interviews. This is typically for all H4 extensions, B2 applicants, etc. Only applicant, representative and one family member is allowed. ( one person providing disability accommodations is allowed, if applicable). Check USCIS Office Closing Page to check if the ASC close to you is open.
  • If you go without appointment to ASC : USCIS says that, unless you are military members, if you go to ASC office for biometrics or other activity, you may face significant delays.
  • Naturalisation Ceremonies : USCIS will send notices to applicants with re-scheduled dates. They will be shorter than normal ceremonies and limited to candidate only, unless need support for disability reasons.
  • Safety Precautions – Masks, Safe distancing : USCIS will indicate on the appointment notice on the safety precautions that need to be followed.
    • No one should enter, if they are sick or have any COVID-19 symptoms
    • Visitors cannot enter before 15 min of their appointment
    • Hand sanitisers will be provided.
    • Must wear mask and practice safe distancing. They will ask to take off mask for taking photo as needed.
    • There will be physical barriers in place for safe distancing.
    • Individuals to bring their own blue and black pens.
    • Check uscis.gov/visitorpolicy for full info
  • If you have any questions you should call their contact center.
  • Asylum Offices : USCIS will automatically reschedule Asylum interviews. USCIS will use video interviews for safe distancing measures by having candidate in other rooms. Also, there are restrictions on who can accompany. Check press alert for full details.
  • Check official USCIS Press Alert – June 4 Opening Offices
USCIS offices to open on June 4

May 1 – RFE, NOID Response – 60 Days Flexibility until July 1st

May 1st, 2020: USCIS announced that they are extended the 60 days flexibility to submit responses for RFEs, NOIDs, etc. dates until July 1st, 2020. Previously they announced that this flexibility was for notices issues between March 1st and May 1st. Now, they have extended it changing the period to be March 1st to July 1st, 2020. Indian media has circulated misleading headlines and is creating confusion. Below are the details and clarification.

  • No New Grace Period for H1Bs- Misleading Headlines : Below is what some popular Indian Media outlets have put in. They are just clickbait and misleading headlines. Many just read the headlines and assume certain things and get confused. The fact is that, USCIS is only giving additional 60 days for anyone who got RFE, NOID, etc for their petitions to respond, if they got it between March 1st and July 1st. This is not just for H1B visa, it is for all forms filed with USCIS and if there was a decision or RFE, NOIR, NOID, etc. This is not new, they gave exact thing in late March indicating the flexibility in submitting RFE responses until May 1st. Now, they have just extended it until July 1st, that’s about it. There is NO additional Grace period given by USCIS for H1B holders.
Misleading Headlines by Indian Media H1B Grace Period
  • Types of forms, applicants for 60 days flexibility : The flexibility to respond applies to all forms that are filed by applicant and petitioners with USCIS with below decisions or notices
    • RFE ( request for evidence)
    • NOID (Notice of Intent to Deny)
    • NOIR ( Notice of Intent to Revoke)
    • Continuation of Request Evidence(N14)
    • Notice of Intent to rescind, notices of intent to terminate regional investment center
    • filing ate requirements for form I-120B, Notice of appeal or motion.
  • Official News Alert : Check the USCIS Official News Release

History of USCIS Updates, Alerts until April 30th, 2020

Below is the history of previous updates that were issued from the start of the COVID-19 situation until April 30th, 2020.

Apr-24 – USCIS Planning to Re-open Offices on June 4

April 24, 2020 : USCIS released a press alert indicating that they are planning to re-open their offices on or after June 4th, 2020. They clarified the below :

  • USCIS employees are continuing to work on essential services that do not require any face to face interaction like Biometrics, interviews, etc.
  • They clarified that they will provide emergency in-person services, if needed and you should contact their customer service for any help.
  • They re-iterated what they said before indicating that they will automatically re-schedule appointment such as Biometrics, interviews, etc. and send relevant notices.

The reality is many have applied for H4 extensions, COS, B2, etc. using form I-539 that require Biometrics and are stuck waiting for the Application Support Centers (ASC) to open for giving Biometrics, where you need to fill Application Information Worksheet (AIW) for biometrics. So far USCIS has not given waiver for H4 visa holders and many other visa types, except categories such as. (c)(33), (c)(35), (c)(36), (c)(37). Check March 30th USCIS update, which is further below on this page for more info.

Not having ASC offices open is a huge problem for many working on certain EAD categories like H4 EAD, which does not have 180 days automatic extension. You can check EAD Category Codes that have 180 days automatic extension to work to get more info on who all have that eligibility.

June 4th, 2020 date is a hope for many stuck and waiting to give Biometrics. There are couple of lawsuits as well on this filed by some attorney’s. So far the lawsuits have not resulted in any waiver. Will keep you all posted as we have updates.

Check below screenshot and USCIS Official Press Release for more info

USCIS Offices to reopen on June 4th for ASC Appointments

Apr-13 – Extension, COS, Late Applications, Visa Waiver Options

April 13, 2020 : Many foreign nationals are stuck in US as they cannot go to home country and some have delays in submitting applications. USCIS has given guidance today on how they will handle situations of Extension of Status (EOS), Change of Status (COS), Visa Waiver Entrants, including late applications. Below is the complete summary. You may watch the YouTube video as well at the end of this update.

USCIS says that, in general non-immigrant visa holders are supposed to leave after their authorized stay ends, but they are stuck in US now due to the COVID-19 situation and USCIS understands the situation and provides the below options for non-immigrant visa holders.

  • Apply for Extension of Status / Change of Status : USCIS says that non-immigrants should file either Extension of Status or Change of Status in a timely manner to avoid issues. They do mention that many of these forms are online. It means that depending on your situation, you should take necessary action immediately to be in proper compliance. Below are some examples that apply to this guidance.
    • B2 (Visitor Visa) Extensions : If you are in US on B2 Visitor Visa like parents, and you cannot leave the country due to travel restrictions in your country, you should apply for Extension of Status online using I-539 form. It is online form and put in a letter with proof indicating that there is travel ban.
    • B2 COS for H1B or L1 Job Loss : If you have lost your job and you cannot find the job in 60 days grace period for H1Bs or L1 and cannot depart US, then you should consider applying for COS to B2. You can use the same process as above. Do this before your 60 days are exhausted to be safe. You should discuss with your attorney as well on this.
  • No Accrual of Unlawful Presence – Timely filing : USCIS says that in general, if you file COS or Extensions on time, you do not accrue any unlawful presence, when they are pending. Also, they re-iterated that for cases certain visa holders like H1B, L1, others can work for up to 240 days after I-94 expiration, when the petition is pending. So, they suggest to file on time.
  • Late Applications with COVID-19 Delays : Depending on case-by-case basis, USCIS can consider delays caused by COVID-19 for timely filing and process them, instead of rejecting the same…They would consider the delays under the Special Situations of USCIS . As an applicant, you need to provide credible evidence indicating the delay in filing and explain why it was beyond your control. The delay in filing should correspond to your situation and you cannot take it for granted and file at a much later time…You should try to file it as soon as you can…Below are some common situations that can fall under this. Also, see the regulation screenshot below on wha
    • I-539 – COS Filing Delays : It could be situations like your previous status expired or ended due to job loss or some other reason, but you could not file it before the I-94 expiration or could not leave the country immediately, you should file B2 COS with I-539 form with paperwork explaining the reason why you cannot leave and delay in filing under special circumstances.
    • H1B or L1 extensions filing Delay : If let’s say extensions were not able to be filed due to office closures or issues getting paperwork done remotely, you can put in explanation for delays.
    • Regulation Text : Below is the screenshot of the regulation text for special circumstances for delay in filing. Check Regulation USCIS COS and EOS filing delay under Extraordinary Circumstances
  • Visa Waiver Program (VWP) Applicants: In general, if you qualify for Visa waiver program, you cannot extend your stay or change status. But, with COVID-19, many cannot leave and based on USCIS discretion, they can grant up to 30 days. Also, if they cannot leave in 30 days, USCIS can give additional 30 Days. Check Regulation . Such VWP applicants should call USCIS Contact Center to arrange for the extensions.

Overall, these are extraordinary situations and you need to be complaint as per the USCIS regulations, when you stay in the country. Check Official Press Alert

Apr-3 – AILA Files Lawsuit against USICIS to extend deadlines

April 3, 2020 : AILA filed a lawsuit against USCIS/DHS seeking extension of deadlines and implementing status quo for all the lawful non-immigrants in US. Check completed details at AILA Lawsuit against USCIS – COVID-19 Extend Deadlines

Apr-1 – USCIS Offices Closed at least until May 3rd.

April 1st, 2020 : USCIS issued an alert today indicating that they continue to keep their offices closed at least until May 3rd. The previous guidance was that they would have it closed at least until April 1st, now they are extending the same for another month at least. What does it mean for everyone ? It is no different from before, you cannot go for Biometrics Appointments for H4, L2. You cannot do any interviews or in-person activities that require your presence in their office. You cannot have Naturalization ceremonies or Infopass Appointment, including Asylum interviews. USCIS will take necessary steps to re-schedule all the appointments accordingly and send you the new appointments once they plan to open their Offices for In-person activities. It is going to further delay processing of H4, B2, H4 + EAD, L2 + EAD applications that require Biometrics as part of I-539 form. Looking at the situation, we do not know, if USCIS will be ready. Hope they issue some guidance to re-use the Biometrics for other visa types such as H4, B2, L2, etc. Currently, the Biometrics re-use is only applicable to I-765 forms that are for few categories, Check below Mar 30th update. See below alert screenshot from USCIS, check it at USCIS Press Alert

USCIS Offices Closed Until May 3rd for COVID-19

Mar-30 – Reuse Biometrics for I-765 forms, continue processing

March 30th, 2020 : USCIS announced today that they will re-use any previously submitted biometrics to process the Form I-765 forms that are submitted for Employment Authorization Document (EAD). The EAD Categories that require biometrics are below :

  • (c)(33) – DACA Holders
  • (c)(35) – Approved employment-based immigrant petition with compelling circumstances
  • (c)(36) – spouse or unmarried dependent child of employment-based immigrant petition with compelling circumstances
  • (c)(37) – CNMI long-term resident status. 

They have not given any guidance for the I-539 form, which requires Biometrics for H4, L2, etc. Those visa categories will need to defer their biometrics appointments. It is not a relief for H4 holders who have concurrent EAD filing as well… Read USCIS Alert

Mar-27 – RFE and NOID – Submission 60 Days Flexibility Option

March 27th, 2020 : USCIS announced today that they are giving more flexibility with dates for submission of responses for Request for Evidence (RFE) and Notice of Intent to Deny(NOID) for any of employers that have received RFEs/NOIDs dated between March 1st and May 1st, 2020. Below is what it means.

  • Why Flexibility with RFE / NOID Submission : If you look at a sample RFE for Maintenance of Status, Employer Employee relationship, you will see that USCIS is requesting for many documents that would be required from employers, clients, vendors, third parties or schools to address the items in RFE or NOID. With many offices working from home and some closed, employers may not be able to respond on time with all the required documents and there can be delays. USCIS to address this situation with COVID-19, they are giving flexibility to submit the responses for RFE and NOID.
  • 60 Days Flexibility to Submit Docs : USCIS says that, if you have got an RFE or NOID, that is dated between March 1st and May 1st, 2020, then you get additional 60 days flexibility to submit the documents. USCIS will consider any responses that are received within 60 Calendar days from the deadline specified in the RFE/ NOID, before they take any action or decision on the case. Technically, they will wait for 60 more days from the deadline date in RFE.
  • All Visa Types, Benefits Applied : USCIS has not specified any specific Visa types or Form Types in the alert. It is safe to assume that this applies to all visa types like H1B, H4 Visa, L1, L2, EADs every other form that is applied with USCIS
  • This is a good move by USCIS to help employers respond to RFEs. They do not talk about any of the old RFE notices that were issued before March 1st. So, if you were to receive an RFE on Feb 28th, then you need to respond accordingly within the deadline given, there is no additional 60 days grace period. See below screenshot for official alert and check USCIS Official Alert
USCIS Flexibility for RFE responses - 60 more days with COVID-19

Mar-25 – USCIS Offices Closed at least until April 7th.

March 25th, 2020 : USCIS issued an alert and press release today indicating that they are closing their offices at least until April 7th, 2020. It may open after that, unless they extend the closures. They also indicate that USCIS staff is working on the cases that are already with them and will send out the re-schedule notices for all sorts of appointments, interviews, etc. If there is any emergency, you can contact their service center. Check USCIS press release

Mar-20 : Premium Processing Closed, Wet Signature Flexibility

March 20th, 2020 : USCIS did two press releases today outlining cancellation of Premium Processing for I-129 and I-140 forms and also provided flexibility with the Signature when submitting forms. Below are the details by each of the key alerts

Premium Processing Suspended for I-129, I-140 forms

USCIS announced that their Premium Processing service is suspended until further notice for anyone using the forms I-129 and I-140. The reason for the suspension is the national emergency with COVID-19. The various visa holders impacted are :

  • I-129 form : Visa Applications for H1B, L1A, L1B, E1, E2, H2B, H3, LZ, O1, O2, P1, P1S, P2S, P3, Q1, R1, TN1, TN2
  • I-140 form : EB-1, EB-2 and EB-3 ( Green Card petitions for Employment Based workers )

Starting from March 20th, 2020, USCIS will not accept and process any of the above mentioned forms related to the the visa types in Premium Processing. They will process any of the previously accepted Premium Processing requests before March 20th as per the SLA of 15 days. They also said that the pre-paid mailers options cannot be done due to the situation and only send direct approval notices in their batch printed notices.

They mentioned that, if someone has filed in Premium Processing before March 20th, 2020 and have not heard from USCIS within the SLA of 15 calendar days, then they will receive a refund of the premium processing fee. Also, they will also reject any Premium processing requests that were submitted before March 20th, but not accepted by USCIS and return the Filing fee.

Premium Processing is suspended for all H1B Petitions at this point. The previous Premium processing for FY 2021 guidance is not valid anymore and the tentative dates in them are also not applicable now. In summary, below is the availability situation. Check USCIS Official Press Release

H1B Visa Filing CategoryPremium Processing Status
H1B TransfersSuspended
H1B AmendmentsSuspended
H1B ExtensionsSuspended
All H1B FY 2021 Cap
( Regular & Masters Cap)
( COS, Consular Processing)
Suspended
Cap Exempt H1Bs
(Non Profit Research, etc.)
Suspended
Previous H1B Cap Pending
(FY 2020 petitions)
Suspended

Flexibility with Wet Signature for Forms

USCIS announced that, due to many offices working from home with COVID-19, they are giving flexibility with wet signature on the forms submitted to them. Below is the actual issue and flexibility given by USCIS.

  • Issue to Submit Wet Signature Forms : With many working from home, the key issue is employers, attorney or applicants may not be able to get the actual wet signature on a USCIS form and submit the same physical copy with application package, when anyone files for a petition for benefit.
  • USCIS Flexibility Option for Signatures : USCIS will accept all forms and documents with reproduced original signatures from March 21st, 2020. This includes I-129 form used for H1B and many other visas types. They say that they already accept such signature for other documents. Let’s understand what is that reproduced signature they accept.
  • Reproduced Original Signature : USCIS clarified that, a reproduced original signature is nothing but a physical form with wet signature ( signed by an actual person with pen) that is scanned, faxed or photocopied from the original handwritten signature. Basically, all they are saying is, you need to fill out a physical form, sign it in wet ink with pen and then scan the same and send it to them. They will consider such scanned documents of the original signature, which is called reproduced original signature.
  • Retain Original Copies of Reproduced Original Signature : They also mention that all the applicants, employers, attorney need to retain the original copies of the documents that they signed and scanned for verification purpose. USCIS may ask for these in the future, if needed.

You can check the official USCIS Press release for Signatures Guidance

Mar-17 : USCIS Offices Closed to Public for In-Person Activities

March 17th, 2020 : USCIS announced today that they are closing all their offices to public for in-person activities at its field offices, asylum offices and Application Support Centers (ASCs) until April 1st (at least). The reason for this closure is to contain the spread of Coronavirus. Below are the various services that are not available at USCIS offices

  • Biometrics Appointments at ASCs for H4, L2, others
  • In-person Interviews
  • Naturalization Ceremonies
  • Asylum applicants interviews
  • Infopass appointments
  • Any in-person activities for general public.

If you have Infopass appointment or other appointments that are not part of standard process as part of forms filed, then you need to reschedule the same by calling USCIS Contact Center.

What will USCIS do to these appointments scheduled ?

USCIS mentioned that they will send respective notices indicating the closure of the offices and activities to all such applicants with scheduled in-person activities. They will automatically reschedule and send new appointment notices for Biometrics and other activities once USCIS resumes normal operations. Also, they will do the same for Asylum Applicants with interviews rescheduled with new date and location.

Limited Emergency Services

USCIS said that they will provide limited Emergency services. If you have an Emergency need, then you should contact USCIS Contact Center for guidance.

Check Field Offices, ASCs Status

USCIS suggested that they check the USCIS Field Office or ASC status before they go. You can check their current status at USCIS.gov – Field Offices List

What is the impact of USCIS Office Closures ?

This is going to have a very big impact on many people’s ability to work, especially all the H4 EAD holders, if this extends beyond April 1st. As you know H4 + EAD Delays with Biometrics Process, and this closure will mean that those delays will be far more…As H4 EAD holders do not get 180 days automatic extension, for their pending EAD applications, they may end up in situations of losing jobs… If you have H4/ L2 expiring, think of all the options, discuss with your attorney and plan.

Below is the complete alert from USCIS. You can check Official Alert – USCIS Offices Closed

USCIS Offices Closed for In-person Activities until April 1st Alert

Mar-13 : What does National Emergency for COVID-19 Outbreak by Trump mean?

The National Emergency declaration by Trump is an action taken by US President with his authority to prioritise certain key activities in critical situations, release funds, give waivers for certain things, etc. In fact, in 2009, President Obama also announced National Emergency for H1N1 Swine Flu.  With the National Emergency declaration by President Trump, he can free up federal funds to support state and local activities to protect public health and safety. Fundamentally, it is for taking care of the public health and safety measures, distribute supplies like medicine & food as needed.

What does National Emergency with COVID-19 mean for USCIS operations ?

So far, the National Emergency declared by Trump has no immediate impact on the operations of USCIS. They continue to operate, and process applications filed with them like before. They have given guidance before on the re-scheduling on appointments, if you are sick. We will cover those details later in the article. The key thing to remember is that, this guidance was given by USCIS before the National Emergency Declaration for Coronavirus situation.  Below are the key actions from USCIS on their operations and expected outcomes.

  • Remote Work Program: As of March 9th, USCIS indicated that they will implement Work from Home or Remote Work Program across the agency for their employees. Essentially, USCIS employees continue to work on their day to day activities, but they do not come to office, rather work remotely.  Read USCIS Letter on Remote Work Program
  • Biometrics / Interviews Re-scheduled: USCIS gave guidance that Biometrics, interview appointments in their offices or Application Support Centers (ASCs) need to be re-scheduled, if the applicant is sick for any reason. This will basically delay the processing time for  applications that require Biometrics or Interviews like H4 Visa.
  • Potential Delays with Processing : Due to the Remote work program and maybe some employees taking sick leave or some maybe impacted with COVID-19, there could be further delays with the USCIS processing times.
  • Application Support Centers( ASCs) Closed : USCIS gave guidance that some Application Support centers maybe closed with COVID-19 situation. If so, they will mail you a new biometrics or interview appointment notice.  Also, they suggest that you can go to another ASC and still get your biometrics done. You can check USCIS Offices Status Page for up to date info on all offices and their status

Mar-13 : USCIS Guidance for Biometrics Appointments, Interviews – Reschedule as needed

March 13th, 2020 : USCIS has updated their website with a big alert and details  as in below screenshot that tells not to come to Application Support Centers or any USCIS office for any Biometrics appointments or any other appointments, if you sick.  It does not matter, if you have been exposed to Coronoavirus or not.  They suggest that you follow the instructions on the appointment notice to re-schedule the appointment.  There is NO Penalty for re-scheduling the appointments. If you feel sick and have any of the below conditions as in below screenshot, do not visit USCIS Office.

USCIS Guidance for Biometrics and Other Appointments for Coronavirus

If you go to USCIS office, when you are Sick, then the officer at the office may cancel your appointment or interview.

How to Reschedule your USCIS Appointment ?

Usually, if you look at the appointment notice, you will see a section that says “Request for Rescheduling”, it has instructions on how to mail the same.  You can write a simple letter indicating the situation and ask for rescheduling the same.  You can call USCIS service center as well to get to know more info. The Notice you got would have the Number to call as well.  See below screenshot sample for H4 Biometrics Appointment Notice.

Request for Re-scheduling Appointment from USCIS

These are important measures to consider, while you may be worried that your processing time for Visa or Extension is going to be delayed…but, the fact of life is health and safety come first and follow the guidance.

 Common FAQs

How long will USICS take to reschedule my Biometrics Appointment ?

USCIS said that they are sending biometrics notices as they have opened ASC locations now. Due to COVID-19 limitations on how many people they can have, they are sending these notices slowly. Some have got them after 60 days or even longer since the ASCs were opened in July. There is no estimated time, you should call USCIS to double check, if there are delays.

Can I use Job Loss for Emergency Biometrics Appointment ?

In general, biometrics appointment cannot be expedited. Most of the times, general processing of applications like EAD also cannot be done just for the job loss. Many have tried that in the past for expediting the case, but have been rejected for expedited processing. You can check USCIS Expedite Processing Request details to get an idea for expedite processing. You can try calling USCIS Contact center and check.

I have already given Biometrics, will the USCIS office closure Impact ?

This varies by case. As ASCs are ope now, most of them may be called for biometrics again. It is up to the discretion of USCIS to use your previously used biometrics. There is no clear pattern.

With National Emergency, Can I file my H1B, H4 or L1 Extension or Transfers with USCIS ?

Yes, you can. As of today, there is no such restriction guidance given by USCIS.

Will there be more delays with Processing of my Petition with USCIS ?

Yes, you may expect that. Due to the COVID-19 situation, some employees may be on leave and remote work may delay some processing too.

Do we still have Premium Processing for H1B and others with Coronavirus Situation ?

USCIS initially suspended it and then opened premium processing starting from June 1st. You can check USCIS Premium Processing Open from June 1st, 2020

Is there any penalty for rescheduling USCIS Appointments ?

No, there is no penalty for it. You need to indicate the reason for rescheduling indicating that you are sick.

What do you think of the USCIS processing times with COVID-19 ?

Reference : USCIS Guidance COVID-19

   

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Comments ( 155 )

  1. Suresh

    Hi, My Employer has filed H1B Extension and H4 Extension together on Apr 03, 2020 and received the receipt notice for H1B but still didn’t get the receipt notice for H4. The H4 visa was expired on Apr 29, 2020. The documents for H4 Extension was resubmitted on June 18, 2020 and still didn’t receive the receipt notice for I-539s. Is there any delay in sending the receipt notice for I-539s due to COVID-19 ? and Is it allowed to stay in US in this case without receipt notice after H4 visa expiry ?

    1. administrator
      Kumar

      Suresh,
      Others have shared too that they are not getting H4 receipts. Try to call USCIS and check once. It maybe delayed at times with covid. Also, update on how it goes after you call them. Yes, as long as you have filed it on time and have proof of the same.

      1. Suresh

        Hi Kumar,

        I did contact USCIS customer support and they said not able to locate my dependent information on their system and also advised to send an email to lockbox support. I sent an email to lockbox support as well but no response from them till now.

        1. administrator
          Kumar

          Suresh,
          Maybe wait for couple of days to see, if they respond, otherwise call them again and check the options.

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